New Jersey Law Reports Volume 78

New Jersey Law Reports Volume 78

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... concern to him. The construction placed upon the act by MI'. 'J1-15509 Swayze in the Supreme Court, in so far as the office in dispute is concerned, meets with our approval, but with-regard to the views suggested as to the office of Vice Cha110ell0I' ill McKenzie v. Elliott, 4-8 Vroom 43, we wish to be understood as expressing no opinion. In accordance with the foregoing views, the judgnlflnt Of the Supreme Court is afiirmed. At the request of three members of the court, the votes upon the following questions were taken separately: 1. Is the act of April 10th, 1908, unconstitutional in so far as it provides that in municipalities that adopt the act the appointment of certain officers and employes shall be regulated in part by a commission, the members of which are not appointed by or from among the electors or inhabitants of such municipalities respectively? 2. Is the act unconstitutional in so far as it is made to take effect in municipalities upon its adoption by the governing body thereof? PARKER, BERGEN, Vooannns, MINTUBN, Boonnr, Vroom, GRAY, DILL, Cozvonorr, JJ. 13. No--Tnn CHANCELLOR. 1. 3-Shall the judgment of the Supreme Court be afiirmed? ELIJAH DALLETT BOVER, PLAINTIFF IN ERROR, v. ELIZABETH G. BOWER ET AL., EXECUTORS, DEFENDANTS IN ERROR. Argued July 2, 1909--Decided November 15, 1909. 1. The act of March 23d, 1881 (Gen-. Stat/'., p. 2112), which requires "that in all cases where a. bond and mortgage has or may hereafter be given for the same debt, all proceedings to collect said debt shall be first to foreclose the mortgage," &c.. has no application where the existence of the mortgage has been lawfully terminated before the institution of proceedings on the bond to collect the debt. 2....
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236965620
  • 9781236965622